I got denied for fmla and pregnant with twins

I live in mo and i just had my twins (boy and girl ) my work says i dont qualify for fmla bc i dont live 75 miles of 50 employees there are only 35 employees in stl. But within whole company there are 200. Im considered high risk i was bed rest at 28 weeks. Can they really deny me of fmla.

I live in mo and i just had my twins (boy and girl ) my work says i dont qualify for fmla bc i dont live 75 miles of 50 employees there are only 35 employees in stl. But within whole company there are 200. Im considered high risk i was bed rest at 28 weeks. Can they really deny me of fmla.

I was going to post a link for FMLA for you but it seems that they found a loophole in the law. Indeed it says that to be eligible for FMLA you must work in a location where are there at least 50 employees within 75 miles of you. This is insane. You can't give birth without some sort of leave. What have others done in your work place? What do your state and local FMLA laws say?

http://www.dol.gov/whd/fmla/employeeguide.pdf

I was going to post a link for FMLA for you but it seems that they found a loophole in the law. Indeed it says that to be eligible for FMLA you must work in a location where are there at least 50 employees within 75 miles of you. This is insane. You can't give birth without some sort of leave. What have others done in your work place? What do your state and local FMLA laws say?

No short term disability and personal leave is what im on but i dont have any income coming in to pay my premiums for my health insurance and they cancelled my insurance on June 30th and i had the twins on July 5th. So thats why i am wondering if they can deny me fmla since i was considered high risk

No short term disability and personal leave is what im on but i dont have any income coming in to pay my premiums for my health insurance and they cancelled my insurance on June 30th and i had the twins on July 5th. So thats why i am wondering if they can deny me fmla since i was considered high risk

Unfortunately FMLA is a law that only larger companies are obligated to follow, so they are probably right. Check out the first section of this government website explaining FMLA: http://www.dol.gov/compliance/guide/fmla.htm

It states: One must "Be employed by a covered employer and work at a worksite within 75 miles of which that employer employs at least 50 people"

It is not a loop hole, the law only applies to companies of a certain size.

Unfortunately FMLA is a law that only larger companies are obligated to follow, so they are probably right. Check out the first section of this government website explaining FMLA: http://www.dol.gov/compliance/guide/fmla.htm

It states: One must "Be employed by a covered employer and work at a worksite within 75 miles of which that employer employs at least 50 people"

It is not a loop hole, the law only applies to companies of a certain size.

Even if you aren't covered by FMLA (there are several loopholes), most state laws require 6 weeks of leave for a vaginal delivery and 8 weeks after a c section baring complications and a medical note stating you may return to work. Good luck.

Even if you aren't covered by FMLA (there are several loopholes), most state laws require 6 weeks of leave for a vaginal delivery and 8 weeks after a c section baring complications and a medical note stating you may return to work. Good luck.

You can look up MO state law, but I can tell you for a fact in Illinois, there are no laws that protect you during pregnancy. A company does NOT have to follow FMLA if they have less than 50 full time employees (my case) living within the designed area. In IL, at least, the law states that your company is not allowed to fire you for maternity related medical leave, like any other medical leave. However, it also states that they can claim hardship--- meaning they just can't get by without an employee for the length of the medical leave. So basically, you can be fired for being pregnant or sick, they just have to claim hardship, and there isn't much you can do about it. God bless America. In 2012, you can still be fired from work for having a baby-- and it is completely LEGAL.

I have a masters degree and a professional postition, but techinically my employer can fire me for having a baby if he doens't make the effort to hire a replacement for me during my leave. I get no guaranteed time off, other than the sick/vacation time I have accumulated. Unpaid time off is completely at the discretion of my supervisor because we have no policies on medical leave.

You can look up MO state law, but I can tell you for a fact in Illinois, there are no laws that protect you during pregnancy. A company does NOT have to follow FMLA if they have less than 50 full time employees (my case) living within the designed area. In IL, at least, the law states that your company is not allowed to fire you for maternity related medical leave, like any other medical leave. However, it also states that they can claim hardship--- meaning they just can't get by without an employee for the length of the medical leave. So basically, you can be fired for being pregnant or sick, they just have to claim hardship, and there isn't much you can do about it. God bless America. In 2012, you can still be fired from work for having a baby-- and it is completely LEGAL.

I have a masters degree and a professional postition, but techinically my employer can fire me for having a baby if he doens't make the effort to hire a replacement for me during my leave. I get no guaranteed time off, other than the sick/vacation time I have accumulated. Unpaid time off is completely at the discretion of my supervisor because we have no policies on medical leave.

That royally sucks but I know in my state you are able to apply for state Medicaid up to do many weeks after something like that and it will go retroactive and pay your past bills. You should be able to get it for your birth and up to 6 weeks postpartum and they usually will pick up as the babies insurance until you get them insured. That is in my state and according to my sister because something similar happened to her but it would be worth checking into. Sorry your going through this at this time that you shouldn't be worried about all that.

That royally sucks but I know in my state you are able to apply for state Medicaid up to do many weeks after something like that and it will go retroactive and pay your past bills. You should be able to get it for your birth and up to 6 weeks postpartum and they usually will pick up as the babies insurance until you get them insured. That is in my state and according to my sister because something similar happened to her but it would be worth checking into. Sorry your going through this at this time that you shouldn't be worried about all that.

Isnt there something that makes that 50 or more employees thing not applicable when i am considered high risk because i was having twins. I would think that they cant deny me fmla bc of high risk. And what's worse is we have 35 people in stl employed and 150 more in Kansas they are just more than 75 miles away. I mean my doctor said i was on bed rest i didnt have a choice. and on fmla paper a qualification is having a baby or if it would cause a health problem for me or child. And yes i am offered Cobra but being that i am on bed rest i have no money

Isnt there something that makes that 50 or more employees thing not applicable when i am considered high risk because i was having twins. I would think that they cant deny me fmla bc of high risk. And what's worse is we have 35 people in stl employed and 150 more in Kansas they are just more than 75 miles away. I mean my doctor said i was on bed rest i didnt have a choice. and on fmla paper a qualification is having a baby or if it would cause a health problem for me or child. And yes i am offered Cobra but being that i am on bed rest i have no money

Wow. I don't know the exact laws to offer anything helpful, but why are they just now telling you this?? Thats crazy. Also are you married? Any way you can get on your spouses insurance? If not married the kids can at least go on their fathers insurance.

Wow. I don't know the exact laws to offer anything helpful, but why are they just now telling you this?? Thats crazy. Also are you married? Any way you can get on your spouses insurance? If not married the kids can at least go on their fathers insurance.

I was referring to what the law actually states, that it is not the size of the company (I stated that too generally) but the size of the particular location and those in the vicinity. This whole situation sucks, I'm sorry you are having such a hard time.

From what I see Missouri does not have a particular policy on maternity leave, but you cannot be discriminated against because you are pregnant. Any women experiencing a medical problem or procedure due to pregnancy or related complication is to be treat as anyone else who is suffering from a short term disability, as required by state law for companies with at least 6 employees. So be sure to know your company's policy on short term disabilities. Have they discussed other options after you attempted to obtain FMLA? what have other preggo women or temporarily injured people, someone having surgery, etc. done??

I was referring to what the law actually states, that it is not the size of the company (I stated that too generally) but the size of the particular location and those in the vicinity. This whole situation sucks, I'm sorry you are having such a hard time.

From what I see Missouri does not have a particular policy on maternity leave, but you cannot be discriminated against because you are pregnant. Any women experiencing a medical problem or procedure due to pregnancy or related complication is to be treat as anyone else who is suffering from a short term disability, as required by state law for companies with at least 6 employees. So be sure to know your company's policy on short term disabilities. Have they discussed other options after you attempted to obtain FMLA? what have other preggo women or temporarily injured people, someone having surgery, etc. done??

Wow I don't know what to say. I am so sorry you are in this position. I never understand how America has such poor health care and causes such disadvantages to families. I'm in Australia and a nurse in a public hospital my employer pays maternity leave plus I also get the government pay, I can also take 12 months off and my job is protected. I just wish u lots of luck and hope things work out.

Wow I don't know what to say. I am so sorry you are in this position. I never understand how America has such poor health care and causes such disadvantages to families. I'm in Australia and a nurse in a public hospital my employer pays maternity leave plus I also get the government pay, I can also take 12 months off and my job is protected. I just wish u lots of luck and hope things work out.

Omg, I am so sorry this is happening to you! I'm from Canada, so I can't comment on your laws, but I do think that's just disgusting that a country like the USA would allow this sort of treatment for mothers having babies. It's sad because its like punishing the women and their jobs just because they have children. Does fmla stand for (federal maternity leave allowance)?

Omg, I am so sorry this is happening to you! I'm from Canada, so I can't comment on your laws, but I do think that's just disgusting that a country like the USA would allow this sort of treatment for mothers having babies. It's sad because its like punishing the women and their jobs just because they have children. Does fmla stand for (federal maternity leave allowance)?

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